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A probationary violation occurs when a defendant willfully and substantially violates the terms of their probationary sentence. Unfortunately, the specific conditions laid out by a probationary sentence can be violated by one’s everyday lifestyle unless they take the careful steps to accommodate their probation. Below, we go into greater detail about 6 common ways that Florida defendants violate their probation, whether intentionally or accidentally.

Missing Appointments with a Probation Officer

Regular check-ins with a probation officer are a necessity. It is their job to monitor offenders and prevent further criminal activity. As such, everything that they take note of is reported to the court. If you miss an appointment with a probation officer – even if they change the meeting time – then this may be grounds to send you back to jail. Make sure that each meeting time is marked clearly on a calendar or other reminder system.

The Fourth Amendment of the U.S. Constitution protects citizens from unlawful searches and seizures of personal property. However, by establishing probable cause of your crime, search warrants give law enforcement permission to legally overstep these boundaries. Understanding the execution of search warrants can prove to be vital to your defense because evidence obtained during an invalid search is typically inadmissible in court. Continue reading to learn more about your rights regarding search warrants and know when to reach out to your leading Volusia County criminal defense attorney, Genine Mejia.

Legality of Search Warrants Defined by the Constitution

A mere hunch is not enough for law enforcement to legally enter your home. Police must first create an affidavit, which is a sworn statement that lays out all the information they have obtained from informants or private citizens, then present it to a judge for approval. If this affidavit establishes a probable cause for the alleged crime and convinces the judge that evidence can be found in a certain location, then the judge will issue a search warrant. If done correctly, then this search warrant allows law enforcement to legally enter your personal property and search for evidence.

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